Managed Site definition
Examples of Managed Site in a sentence
In no event will a Commnet Party agree to enter into any Ground Lease (including to cure the Managed Site Condition with respect to the Short Term/No Ground Lease Sites) or amend the terms of any Ground Lease or any Collocation Agreement to the extent it relates to a period after the Initial Site Closing Date for a Portfolio Site without the prior written approval of Buyer, which approval will not be unreasonably withheld, conditioned or delayed.
If Commnet approves the incurrence of such costs and expenses in writing, Commnet shall be responsible for reimbursing, and shall promptly (but in any event no later than sixty (60) days following request with reasonable detail therefor) reimburse, Buyer for all approved commercially reasonable and documented out-of-pocket costs and expenses incurred by it in connection with any efforts to cause the Managed Site Condition(s) causing any Portfolio Site to be a Managed Site to be cured.
In addition, the Parties agree that: (i) the matters identified Schedule 2.8(d) hereto shall not constitute Managed Site Conditions and have been factored into the determination of the Allocated Site Consideration for the applicable Portfolio Sites, and (ii) Buyer will assume the liability for such Managed Site Conditions at the Initial Site Closing for each such Sale Site and will not have any recourse against the Commnet Parties for any such Managed Site Conditions.
The Parties shall hold a Closing (each a “Subsequent Closing”) to effectuate a Closing for any Managed Site that has become an Assignable Site since the prior Closing Date, any Deferred Site that has become a Managed Site or an Assignable Site since the prior Closing Date or, at the Final Subsequent Closing, any Managed Site or Assignable Site that has become an Excluded Site, and such Closing shall be deemed to have occurred at 12:00 am (Eastern Time) on such Closing Date.
For the avoidance of doubt, the Commnet Group Members (including Commnet and, prior to or at the applicable Closing, the applicable Sale Site Subsidiary) shall not be required to provide a Title Policy Affidavit for any Portfolio Site that is a Managed Site.